Treasure Hunters, Sunken State Vessels and the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage

Mariano J. Aznar Gómez, Universitat Jaume I de Castellon, Spain

Abstract

Two sets of quite related judicial decisions in the US, regarding in rem actions directed at several Spanish State shipwrecks, have completed a new legal framework that must be kept in mind not only for treasure-hunter companies and any other persons trying to gain any right over the wrecks of sunken State vessels, but also for States trying to seek a clear interpretation of the legal status of those vessels in current international law. These decisions might complete the new legal layout given by the 2001 UNESCO Convention on the Protection of Underwater Cultural Heritage, in particular giving full meaning to the ‘without prejudice’ clause included in its Art. 2(8) relating to sovereign immunities and State vessels; they might also ease future ratification of that Convention by reluctant States like the United Kingdom, France or the United States.